MFN Clause Sample Clauses

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MFN Clause. The Company undertakes to the Purchaser that in the event any Group Company grants, issues, or provides any investor or any other holders of the Equity Securities of the Group Companies (the “Relevant Person”) any right, interest, benefit, privilege or protection, including but not limited to liquidation preference and redemption rights, more favorable in sequence than those granted, and accruing at such time, to the Purchaser, the Purchaser shall have the right to require that the Company concurrently grants, issues, or provides the rights, interests, benefits, privileges and/or protections in the same sequence to the Purchaser pari passu with such Relevant Person. However, the Purchaser shall not be entitled to the MFN rights under this Section 5.15 if: (i) any future single investor whose investment amount is higher than the Purchaser’s investment; or (ii) no more than two future leading investors whose aggregate investment amount is higher than 1.5 times of the Purchaser’s investment. For the avoidance of doubt, any investor making investment via various entities, which are Controlled by the same Person, shall be deemed as a single investor. Where the Company breaches its undertakings under this Section 5.15 and, therefore, fails to fulfil its obligations under this Section 5.15, the Company shall compensate the Purchaser at an amount equal to the balance between the economic benefit the Purchaser could have obtained, if the Purchaser had been granted the rights, interests, benefits, privileges and/or protections in the same sequence pari passu with such Relevant Person and the economic benefit the Purchaser obtains as the holder of Series F-1 Preferred Shares.
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MFN Clause. The Founders shall not enter into an operating agreement with respect to an Affiliated LLC or Zhone Investors FF, L.L.C. except on such terms as are identical to this Agreement in all material respects or as approved by the Class A Member, which approval shall not be unreasonably withheld.
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MFN Clause. 1. The Parties reaffirm their commitment with regard to the enabling clause. 2. The European Union Party shall grant the West Africa Party any more favourable tariff treatment that it grants to a third Party if the European Union Party becomes party to a preferential agreement with the third Party in question after the signing of this Agreement. 3. The West Africa Party shall grant the European Union Party any more favourable tariff that it grants after the signing of this Agreement to a trade partner other than the countries of Africa and the ACP States having both a share of world trade in excess of 1.5 per cent and an industrialisation rate, measured as the ratio of manufacturing value added to GDP, in excess of 10 per cent in the year preceding the entry into force of the preferential agreement referred to in this paragraph. If the preferential agreement is signed with a group of countries acting individually, collectively or through a free trade agreement, this threshold relating to the share of world trade shall be 2 per cent. For calculation purposes, the official data of the WTO shall be used for the main world exporters of goods (excluding trade within the European Union) and that of the United Nations Industrial Development Organisation (UNIDO) for manufacturing value added.. 4. If the West Africa Party obtains from the trade partner referred to in paragraph 3 substantially more favourable treatment than that offered by the European Union Party, the Parties shall consult each other and decide together on the implementation of the provisions in paragraph 3. 5. The Parties agree to resolve any dispute concerning the interpretation or application of this Article by entering into consultations in good faith with the aim of reaching an agreed solution. 6. The provisions of this Chapter cannot be interpreted as requiring the Parties to mutually grant each other preferential treatment that would be applicable owing to one of the Parties being signatory to a preferential agreement with a third Party on the date on which this Agreement enters into force.
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MFN Clause. 16 i. The Parties’ Arguments
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Related to MFN Clause

  • WAIVER CLAUSE The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in the Agreement. Therefore, the Employer and the Association, for the life of this Agreement, each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this Agreement.

  • ZIPPER CLAUSE 1. This Agreement sets forth the full and entire understanding of the parties regarding the matters herein. This Agreement may be modified, but only in writing, upon the mutual consent of the parties.

  • DURATION CLAUSE 1. This Agreement shall be in full force and effect from May 1st, 2022 to and including April 30th, 2027 and shall continue from year to year thereafter unless written notice of desire to cancel or terminate the Agreement is served by wither party upon the other not less than sixty (60) and not more than ninety (90) days prior to April 30th, 2022 or April 30th of any subsequent year. 2. Where no such cancellation or termination notice is served and the parties desire to continue said Agreement, but also desire to negotiate changes or revisions in this Agreement, either party may serve upon the other a written notice not less than sixty (60) and not more than ninety (90) days prior to April 30th, 2022, or April 30th of any subsequent contract year, advising that such party desires to revise or change terms or conditions of such Agreement. The respective parties shall be permitted all legal or economic recourse to support their requests for revisions if the parties fail to agree thereon. Nothing herein shall preclude the parties from making revisions or changes in this Agreement, by mutual consent, at any time during its term.

  • Fall Clause 7.1 The BIDDER undertakes that it has not supplied/is not supplying similar product/systems or subsystems at a price lower than that offered in the present bid in respect of any other Ministry/Department of the Government of India or PSU and if it is found at any stage that similar product/systems or sub systems was supplied by the BIDDER to any other Ministry/Department of the Government of India or a PSU at a lower price, then that very price, with due allowance for elapsed time, will be applicable to the present case and the difference in the cost would be refunded by the BIDDER to the BUYER, if the contract has already been concluded.

  • TERMINATION CLAUSE Upon breach of the contract by the Developer, the City, by giving written notification, may terminate this contract immediately. A breach shall include, but not be limited to, failure to comply with any or all items contained within Section 1 through Section 30, Exhibits and/or provisions of any subsequent contractual amendments executed relative to this contract. In the event of a breach of contract, the Developer agrees to re-pay any HOME funds advanced under this agreement. The Developer further agrees to transfer ownership of any properties that are the subject of incomplete projects that have been funded under this agreement to the City, or as directed by the City, in order to facilitate project completion, as required under the HOME regulation.